Evidence Act Seychelles (3) A statement contained in a document referred to in subsection (2) which is tendered in evidence in a criminal trial by or on behalf of an accused in respect of an offence to which the statement relates shall not be admissible under subsection (2) if that person, being the accused, occupied a responsible position during that period in relation to the operation of the computer or the management of the relevant activities. (4) Where over a period the function of storing, processing or retrieving information for the purposes of any activities carried on over that period was performed by computer, whether (a) by a combination of computers operating over that period; (b) by different computers operating in succession over that period; (c) by different combinations of computers operating in succession over that period; or (d) in any other manner involving the successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers, all the computers used for that purpose whether by one or more bodies or persons during that period shall be treated for the purposes of this section as constituting one computer. (5) Subject to subsection (6), in any trial where it is desired to give a statement in evidence under this section, a certificate (a) identifying the document containing the statement and describing the manner in which it was produced, and explaining, so far as may be relevant in the trial, the nature and contents of the document; (b) giving such particulars of any device involved in the production of that document as may be appropriate for the purpose of showing that the document was produced by a computer; (c) dealing with any of the matters to which the conditions mentioned in subsection (1)(a) to (c) relate; and (d) purporting to be signed by the person occupying a responsible position in relation to the operation of the relevant device or the management of the relevant activities, as the case may be, shall, on its production without further proof, be admitted in the trial as evidence of any matter stated in the certificate and for the purpose of this subsection it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the person stating it. (6) Unless the court otherwise orders, a certificate shall not be admitted in evidence under subsection (5) unless 14 days' notice in writing of the intention to tender the certificate in evidence, together with a copy thereof and of the statement to which it relates, has been served (a) in a civil trial, by the party tendering such certificate on any other party thereto who is likely to be adversely affected in the trial by the statement if admitted in evidence under this section; (b) in a criminal trial (i) if the certificate is tendered by the prosecutor, on the accused or, if more than one, on each accused, or legal practitioner representing the accused; (ii) if such certificate is tendered by the accused, on the Attorney General, but nothing in the subsection shall affect the admissibility of a certificate in respect of which notice has not been served in accordance with this subsection if no person entitled to be so served objects to its being so admitted. (7) Notwithstanding subsection (5), a court may, except where subsection (2) applies, require oral evidence to be given of any matter mentioned in subsection (5). By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 8